Traffic Law

March 28, 2013 | Category: Traffic

The Senate Corrections and Criminal Law Committee heard HB 1579, sponsored by Sen. Kruse and Sen. Wyss, on open container laws. This bill specifies that for purposes of open container laws, the exemption for a person who is in the passenger compartment of a vehicle used to transport passengers for compensation or the living quarters of a house coach or trailer does not apply to the operator of the vehicle. This bill also increases the number of hours of community restitution or service that a person convicted of operating a vehicle while intoxicated must perform. This bill was amended to attempt to conform with federal requirements to receive highway money. Build Indiana Council and Indiana Public Defender Council testified in favor of the bill. The Attorney General’s Office testified that it was still working with the federal government to answer questions about compliance with the federal requirements. The amended bill passed, 8-1.

Traffic Law

March 1, 2013 | Category: Mid-Session Chart, Traffic

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
HB 1579 Open container laws 1/31/13 Do Pass 2/4/13 Engrossed 2/5/13 Passed 98-1 Kruse, Wyss

Traffic Law

February 1, 2013 | Category: Traffic

The House Roads and Transportation Committee heard HB 1579 authored by Reps. Smaltz and Soliday on open container laws. The bill increases the number of hours of community restitution or service that a person convicted of operating a vehicle while intoxicated must perform. The bill also specifies that, for purposes of open container laws, the exemption for a person who is in the passenger compartment of a vehicle used to transport passengers for compensation or the living quarters of a house coach or trailer does not apply to the operator of the vehicle. The bill passed, 9-0.

Traffic Law

April 5, 2012 | Category: Traffic

Motor Vehicle Law – Reorganization of Bureau of Motor Vehicles Statutes

S.E.A.  257, P.L. 125-2012

Traffic

February 10, 2012 | Category: Traffic

The House Roads and Transportation Committee heard SB 257 concerning motor vehicle law sponsored by Rep. Soliday and Rep. DeLaney. Author Sen. Arnold introduced the bill, and Elizabeth Murphy from BMV provided an overview of the bill provisions. The bill was described as a technical corrections bill that removes out-dated language, establishes consistency across the motor vehicle statutes, and codifies current BMV practices. The bill also establishes the renewal schedule for operator’s licenses with a 2012 expiration date. Rep. Soliday offered two amendments that were adopted by consent. The first amendment removes all references to the specialty license plates from the bill and the second amendment addresses deficiencies in the scrap vehicles language. The amended bill passed 13-0.

Traffic

January 13, 2012 | Category: Traffic

The House Veterans Affairs and Public Safety Committee heard HB 1120, on arrests or citations at traffic stops authored by Rep. Morris. This bill provides that a law enforcement officer may not arrest or issue a traffic information and summons to a person for a violation of a law regulating the use and operation of a motor vehicle on an Indiana highway or an ordinance of a city or town regulating the use and operation of a motor vehicle on an Indiana highway unless, at the time of the arrest or issuance, the officer: (1) is wearing a distinctive uniform and a badge of authority; (2) immediately identifies himself or herself as an officer using an authorized departmental identification card and a badge of authority; or (3) is operating a motor vehicle that is equipped with at least one signal lamp equipped with a red beam and a blue beam and a siren. This bill also provides that, upon request, a law enforcement officer must allow a person who is the subject of such an arrest, or issuance of a traffic information and summons to contact a law enforcement agency or emergency dispatcher to verify the identity of the law enforcement officer. Additionally, this bill makes an exception to these requirements for a law enforcement officer who is making an arrest, or conducting a search or seizure of a person or property in connection with the commission of a felony or misdemeanor that is not related to the use or operation of a motor vehicle. Testimony was heard from the Indiana F.O.P., Indiana Public Defenders’ Council, among others, expressing concerns with the bill.  The bill was tabled due to the concerns expressed in testimony.

Traffic

May 27, 2011 | Category: Traffic

Various motor vehicle issues
S.E.A. 528, P.L. 109-2011
Effective January 1, 2012
Requires an individual who holds a motorcycle operator’s license to hold another driver’s license with a motorcycle endorsement in order to operate a motorcycle. Specifies that an amended driver’s license or card is issued when information on the driver’s license or card has changed. Specifies that a replacement driver’s license or card is issued when the driver’s license or card has been lost, stolen, or destroyed. Removes statutory inconsistencies concerning the ineligibility of a habitual traffic violator for a hardship license. Removes duplicative provision concerning the eligibility of certain individuals for restricted driving permits. Specifies that an individual is required to provide proof of future financial responsibility during the three years following the termination of the suspension of the individual’s driving privileges. Removes incorrect cross references in section concerning the probationary status of certain habitual traffic violators. Provides that a person is required to provide proof of future financial responsibility if a court recommends suspension of the person’s driving privileges for a conviction for operating a vehicle while intoxicated. Provides that if a court recommends suspension of the driving privileges of a person who is arrested for or charged with operating a vehicle while intoxicated and there is not a conviction, the person is excluded from the requirement to provide proof of future financial responsibility.

Use of handheld telecommunications device while driving
H.E.A. 1129, P.L. 185-2011
Effective July 1, 2011
Provides that it is a Class C infraction if a person uses a telecommunications device to type, transmit, or read a text message or an electronic mail message while operating a moving motor vehicle, but permits a person: (1) to use hands free or voice operated technology to transmit a text message or an electronic mail message; and (2) to call 911 to report an emergency while operating a moving motor vehicle. Provides, for purposes of the prohibition against using a telecommunications device while operating a motor vehicle, that “telecommunications device” does not include: (1) amateur radio equipment operated by a person licensed by the Federal Communications Commission as an amateur radio operator; or (2) a communications system installed in a commercial motor vehicle weighing more than 10,000 pounds. Prohibits a police officer from confiscating a telecommunications device for the purpose of determining compliance or confiscating a telecommunications device and retaining it as evidence pending trial for a violation. Repeals the current definition of “telecommunications device.”

Other bills of interest:

Traffic control signals
S.E.A. 337, P.L. 43-2011
Effective July 1, 2011Work zone safety
S.E.A. 338, P.L. 66-2011
Effective July 1, 2011
Provides that a driver who, in a highway work zone, engages in certain acts that in combination otherwise constitute the offense of aggressive driving commits a Class B infraction.

Motor carriers and commercial drivers licenses
S.E.A. 458, P.L. 45-2011
Effective July 1, 2011 (§ 6-9)
Changes commercial driver license provisions to conform to federal regulations concerning medical issues.

Various transportation issues
S.E.A. 473, P.L. 163-2011
Effective July 1, 2011
Provides that the owner of a motor vehicle that passes through a toll collection facility without paying the proper toll commits a moving violation, a Class C infraction. Establishes procedures for the collections of unpaid fines for these moving violations.

Traffic

April 1, 2011 | Category: Traffic

The House Roads and Transportation Committee heard SB 528 on various motor vehicle issues. The bill makes technical amendments to various Indiana Code Title 9 provisions, including amending incorrect references to probationary and hardship licenses. Sponsor Rep. Soliday introduced the bill and a representative from the Bureau of Motor Vehicles explained the provisions of the bill. Two minor amendments were introduced and passed by committee consent. The amended bill passed 10-0.

Traffic

February 25, 2011 | Category: Traffic

Bill No. Bill Title Committee 2nd Reading 3rd Reading Sponsor(s)
SB 18 Handheld communication devices while driving 2/14/11 Do Pass -A 2/15/11 Engrossed 2/17/11 Passed 29-21 Koch, Landske

Traffic Law

February 11, 2011 | Category: Traffic

The Senate Public Policy Committee heard SB 18 authored by Sen. Holdman regarding the use of handheld communication devices while driving. The bill prohibits an individual who is at least 18 years of age and holds an operator’s license (including a probationary license) from using a handheld personal communications device while operating a motor vehicle. The bill authorizes the use of a handheld personal communications device in emergency situations. Two hours of testimony was heard on this bill. The bill passed, 5-2.

The House Roads and Transportation Committee heard HB 1158 authored by Rep. Yarde on texting while operating a motor vehicle. The bill provides that using a handheld wireless communications device to place or receive a call, transmit a text message, or transmit an electronic mail message while operating a moving motor vehicle is a Class D felony if the person causes serious bodily injury to another person and enhances the penalty to a Class C felony if a person is killed. The bill also provides that calling while driving resulting in injury or death may constitute a predicate offense for a habitual traffic violator determination. An amendment was introduced making corrections to the bill language and adding a section on criminal recklessness.  The bill was held for amendment and vote and to determine if the bill should be recommitted to the Courts and Criminal Code Committee.